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Himachal Pradesh High Court · body

2018 DIGILAW 801 (HP)

Tilak Raj v. Chief Engineer (mz)

2018-05-03

VIVEK SINGH THAKUR

body2018
JUDGMENT Vivek Singh Thakur, J —Present petition has been filed under Section 11 of the Arbitration and Conciliation Act, 1996 (hereinafter referred to as ''the Act'') for appointment of an Arbitrator to adjudicate upon the claim of the petitioner against the respondents arising out of agreement No. 19 of 20072008 entered upon between the parties to execute the work with respect to construction of link road from Jibhi to Seraj road km. 0/0 to 9/200 under PMGSY PhaseVII Package No. HP0662. 2. In the reply, respondents have controverted the plea of the petitioner, rather, have levelled counter allegations upon the petitioner regarding executing the work without adhering to the terms and conditions of the agreement entered into between the parties. 3. It is undisputed that there is clause 25 in the agreement for referring the dispute arising out of the agreement for arbitration. 4. It has been contended on behalf of the respondents that Superintending Engineer, Arbitration Circle, HPPWD Solan was appointed as an Arbitration for adjudication of the dispute between the parties, but the petitioner has denied to accept him as an Arbitrator vide letter, dated 20th September, 2017. 5. Be that as it may, even, in view of the provisions of Section 12 (5) of the Act and Seventh Schedule, appointment of Superintending Engineer, Arbitration Circle, HPPWD, Solan, as Arbitrator is not sustainable. 6. From the pleadings before this Court, it is evident that there is a dispute between the parties arising out of an agreement which contains arbitration clause referring the dispute to the Arbitrator. 7. Therefore, allowing the petition, with the consent of the parties, I appoint Hon''ble Mr. Justice Surinder Singh Thakur, Judge (retired) , as an Arbitrator with a direction to enter into reference within a period of two weeks from receipt of this order and to make a reasoned speaking award in terms of arbitration agreement, in accordance with law, on the basis of material placed before him during proceedings. Learned Arbitrator shall be at liberty to fix his fee, in accordance with law. 8. Registry is directed to immediately supply copy of this order to Hon''ble Mr. Justice Surinder Singh Thakur, Judge (retired.) 9. Petition is allowed in the aforesaid terms.